A life estate followed by an absolute estate creates a vested interest in the remainderman, even if the possession is postponed until the termination of the life estate.

( 1 ) THIS is an appeal from the judgement ans decree of the Court of the Subordinate Judge, Anantapur, in Original Suit No. 58 of 1955.

( 2 ) THE facts material for appreciating the question debated before us are not in dispute. The plaint schedule proporties belonged to one Toomula Hanumappa, resident of Kottalapalli in the Anantapur District. His wife was Viyyamma. He had a son and a daughter. His son, Peddayya died shortly after his marriage. Hanumappa executed a will on 19/12/1941. He died on 22/07/1942. His widow Viyyamma, died on 2 2/02/1954. Peddakka, the daughter of Hanumappa, who was married to the 1st defendant predeceased her mother on 8/07/1945. Defendants 1 and 2 arebrother and are the sisters sons of Hanumappa. Plaintiff is the son of another sister of Hanumappa. He instituted the suit on 17/11/1955 for a declaration of his title to a 1/3rd share out of the properties comprised in the estate of Hanumappa and for partition and seperate posession of one such share.

( 3 ) THE genuineness of the will was not seriousl disputed by the plaintiff. It could not have been otherwise because the will was registered and the testator lived for seven months after its execution. It was, however, contented by the plaintiff that the will in question duly executed and also that the estate created by the testator in favour of his daughter was contingent on her surviving her mother, and that as the daughter predeceased her mother, there was a lapse and the estate should devolve on the reversioners as on intestacy. Both these contentions were negatived by the lower court, with the result that the suit was dismissed. Against the decision of the trail court, the plaintiff has preferred this appeal.

( 4 ) TWO questions arise for decision in this appeal: 1. Whether the formalities required by law for the execution of a valid will were complied with? 2. Whether, on a true construction of the terms of the will, the testator conferred on his daughter an estate contingent on her surviving her mother?

( 5 ) UNDER Sec. 63 of the Indian Succession Act, the first condition requisite to render valid any testamentary disposition is that such disposition should bein writing though no particular form is required. The next condition prescribed for the validity of a will is that it should be duly signed by the testator. The third statutory requisition is that it should be attested by at least two witnesses.

( 6 ) THE will, Ex. B. 3, was executed by Hanumappa on 19/12/1941. After the usual preliminary and disposing of clauses, the will concluded with the name of the testator written by the scribe. The testator was admittedly illiterate. His thumb impression was not affixed at the foot of the document. Two witnesses, Chennareddi and Chinnapareddi, attested the will. The scribe of the document there after subscribed his signature. On the day of its execution, the will was presented by the testator in the Office of the Sub-Registrar Gooty. In token of his having admitted the execution of the will, the testator put his thumb impression before the Sub-Registrar. He was there identified by the two attesting witnesses, and the Sub-Registrar then admitted the document for registration.

( 7 ) THE evidence as to the execution of the will is that the testator held the pen and the scribe wrote his name at the foot of the document. The first and third conditions of a valid testament disposition have undoubtedly been satisfied in this case. It is, however, argued that the second condition prescribed for the validity of a will, viz. , that it should be signed, has not been complied with by reason of the testators mark not having been affixed at the foot of the document.

( 8 ) ACCORDING to S. 63 of the Indian Succession Act, the testator must sign or affix his mark to the will, or it must be signed by some other person in his presence and by his direction. The fruther requirement under this section is that "the signature or mark of the testator, or the signatu